Nelson v RailCorp [2013] NSWTAB 2

Transport Appeal Boards New South Wales Medium Neutral Citation: Nelson v RailCorp [2013] NSWTAB 2 Hearing dates: 24 October 2012 Decision date: 22 January 2013 Jurisdiction: Civil Before: Stanton C (Board) Decision: Appeal disallowed Catchwords: Suspension without pay - alleged breach of RailCorp Code of Conduct and Train Operating Procedures - appellant admitted to alleged conduct - contrite and remorseful - suspension appropriate penalty in all the circumstances of the case - appeal disallowed. Legislation Cited: Transport Administration (Staff) Regulation 2005 Work Health and Safety Act 2011 Cases Cited: Department of Health v Perihan Kaplan [2010] NSWIRComm 65 Drake Personnel Ltd v WorkCover Authority of NSW (Inspector Ch'ng) (1999) 90IR432 Duhbihur v Transport Appeal Board and Anor [2005] NSWSC 811 Kolodjashnij v Lion Nathan T/A J Boag and Son Brewing Pty Ltd [2009] AIRC 893 Lawrence and Coal v Allied Mining Services Pty Ltd [2010] FWAFB 10089 Category: Principal judgment Parties: Lance Edward Nelson (Appellant)

RailCorp (Respondent) Representation: Mr T Costa, Rail Tram and Bus Industry Union, NSW Branch (Appellant) Mr D Davies Sparke Helmore Solicitors (Respondent) File Number(s): TAB 273 of 2012

DECISION

Procedure 1This appeal was heard on 24 October 2012. Mr T Costa, solicitor, Rail, Tram and Bus Union, NSW Branch (the Union) appeared for the appellant, Mr Nelson. Mr D Davies, solicitor, appeared for the respondent, RailCorp. 2At the commencement of proceedings, RailCorp's written case, which included the Disciplinary Review Panel Report, was tendered to the Board. The Board also formally received the written submissions of the appellant.